Parallel Proceedings in International Arbitration

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Publisher :
ISBN 13 : 9789041152640
Total Pages : 318 pages
Book Rating : 4.1/5 (526 download)

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Book Synopsis Parallel Proceedings in International Arbitration by : Nadja Erk

Download or read book Parallel Proceedings in International Arbitration written by Nadja Erk and published by . This book was released on 2014 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book depicts and evaluates, in a European context, the pleas and actions which parties may make use of to dissolve the parallel jurisdiction of a national court and an arbitral tribunal. The author undertakes a thorough comparative analysis of the motivations for, and practice of, such pleas and actions with special regard to the major hubs where elaborate arbitration laws are tried and tested by the arbitration community - Germany, France, Switzerland, and England. 0On the basis of four scenarios of parallel proceedings before national courts and arbitral tribunals, the analysis tackles such issues and topics as the following: motivations for initiating parallel proceedings from the various parties' perspectives; remedies available to parties in situations of jurisdictional conflicts; effect of the principle of competence-competence on national courts' review of arbitration agreements; pleas restricting national courts' exercise of jurisdiction to a review of core principles (arbitration defence); self-restraining pleas independent of an arbitration agreement (plea of litispendence); actions for declaratory relief; actions aimed at restraining another court's or tribunal's jurisdiction (anti-suit/anti-arbitration injunctions); pleas invoked to avoid procedural inefficiencies and inconsistencies (plea of res judicata); counsel's duty of care and arbitral tribunal's mandate to issue an enforceable award; and litigation culture versus arbitration-friendliness.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis United States Attorneys' Manual by : United States. Department of Justice

Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Complex Arbitrations

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Publisher : Kluwer Law International B.V.
ISBN 13 : 904112442X
Total Pages : 414 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Complex Arbitrations by : Bernard Hanotiau

Download or read book Complex Arbitrations written by Bernard Hanotiau and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.

Practitioner's Guide to Global Investigations

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Publisher : Law Business Research Ltd.
ISBN 13 : 1912377837
Total Pages : 987 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Practitioner's Guide to Global Investigations by : Judith Seddon

Download or read book Practitioner's Guide to Global Investigations written by Judith Seddon and published by Law Business Research Ltd.. This book was released on 2018-01-19 with total page 987 pages. Available in PDF, EPUB and Kindle. Book excerpt: There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

State of Criminal Justice 2006

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Publisher : American Bar Association
ISBN 13 : 9781590317563
Total Pages : 260 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis State of Criminal Justice 2006 by : Victor Streib

Download or read book State of Criminal Justice 2006 written by Victor Streib and published by American Bar Association. This book was released on 2007-03-30 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ne Bis in Idem in EU Law

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Publisher : Cambridge University Press
ISBN 13 : 1107087066
Total Pages : 263 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Ne Bis in Idem in EU Law by : Bas van Bockel

Download or read book Ne Bis in Idem in EU Law written by Bas van Bockel and published by Cambridge University Press. This book was released on 2016-11-10 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, written by distinguished scholars in their respective fields, addresses the application and interpretation of the ne bis in idem principle in EU law.

The Securities Enforcement Manual

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Publisher : American Bar Association
ISBN 13 : 9781590317297
Total Pages : 774 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Securities Enforcement Manual by : Nicole A. Baker

Download or read book The Securities Enforcement Manual written by Nicole A. Baker and published by American Bar Association. This book was released on 2007 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Second Edition completely updates the first edition published in 1997. Included is comprehensive coverage to proven approaches and techniques for dealing with an enforcement threat from the SEC, self regulatory organizations, or state securities regulators. It takes you step-by-step through enforcement investigations and proceedings, providing you with strategies to influence the outcome of an investigation and prevent or minimize the adverse effects of enforcement actions.

Annual Report on the OECD Guidelines for Multinational Enterprises 2006 Conducting Business in Weak Governance Zones

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Publisher : OECD Publishing
ISBN 13 : 926402901X
Total Pages : 213 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Annual Report on the OECD Guidelines for Multinational Enterprises 2006 Conducting Business in Weak Governance Zones by : OECD

Download or read book Annual Report on the OECD Guidelines for Multinational Enterprises 2006 Conducting Business in Weak Governance Zones written by OECD and published by OECD Publishing. This book was released on 2006-12-01 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Annual Report on the OECD Guidelines for Multinational Enterprises provides an account of the actions the 39 adhering governments have taken to enhance the contribution of the Guidelines to the improved functioning of the global economy.

Admissibility of Shareholder Claims under Investment Treaties

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Publisher : Cambridge University Press
ISBN 13 : 1108787924
Total Pages : 347 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Admissibility of Shareholder Claims under Investment Treaties by : Gabriel Bottini

Download or read book Admissibility of Shareholder Claims under Investment Treaties written by Gabriel Bottini and published by Cambridge University Press. This book was released on 2020-09-17 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a growing problem in international law: overlapping claims before national and international jurisdictions. Its contribution is, first, to revisit two pillars of investment arbitration, i.e., shareholders' standing to claim for harm to the company's assets and the contract/treaty claims distinction. These two ideas advance interrelated (and questionable) notions of independence: firstly, independence of shareholder treaty rights in respect of the local company's national law rights and, secondly, independence of treaty claims in respect of national law claims. By uncritically endorsing shareholder standing in indirect claims and the distinctiveness of treaty claims, investment tribunals have overlooked substantive overlaps between contract and treaty claims. The book also proposes specific admissibility criteria. As opposed to strictly jurisdictional approaches to claim overlap, the admissibility approach allows consideration of a broader range of legal reasons, such as risks of multiple recovery and prejudice to third parties.

Matthew Bender Practice Guide

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Publisher :
ISBN 13 : 9780820558714
Total Pages : pages
Book Rating : 4.5/5 (587 download)

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Book Synopsis Matthew Bender Practice Guide by : Charles Crompton

Download or read book Matthew Bender Practice Guide written by Charles Crompton and published by . This book was released on 2005-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Advances on P2P, Parallel, Grid, Cloud and Internet Computing

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Publisher : Springer
ISBN 13 : 3319698354
Total Pages : 889 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Advances on P2P, Parallel, Grid, Cloud and Internet Computing by : Fatos Xhafa

Download or read book Advances on P2P, Parallel, Grid, Cloud and Internet Computing written by Fatos Xhafa and published by Springer. This book was released on 2017-11-02 with total page 889 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the latest, innovative research findings on P2P, Parallel, Grid, Cloud, and Internet Computing. It gathers the Proceedings of the 12th International Conference on P2P, Parallel, Grid, Cloud and Internet Computing, held on November 8–10, 2017 in Barcelona, Spain. These computing technologies have rapidly established themselves as breakthrough paradigms for solving complex problems by enabling the aggregation and sharing of an increasing variety of distributed computational resources at large scale. Grid Computing originated as a paradigm for high-performance computing, offering an alternative to expensive supercomputers through different forms of large-scale distributed computing, while P2P Computing emerged as a new paradigm after client-server and web-based computing and has shown to be useful in the development of social networking, B2B (Business to Business), B2C (Business to Consumer), B2G (Business to Government), B2E (Business to Employee), and so on. Cloud Computing has been defined as a “computing paradigm where the boundaries of computing are determined by economic rationale rather than technical limits”. Cloud computing has quickly been adopted in a broad range of application domains and provides utility computing at large scale. Lastly, Internet Computing is the basis of any large-scale distributed computing paradigm; it has very rapidly developed into a flourishing field with an enormous impact on today’s information societies, serving as a universal platform comprising a large variety of computing forms such as Grid, P2P, Cloud and Mobile computing. The aim of the book “Advances on P2P, Parallel, Grid, Cloud and Internet Computing” is to provide the latest findings, methods and development techniques from both theoretical and practical perspectives, and to reveal synergies between these large-scale computing paradigms.

International Civil Litigation in United States Courts

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Publisher : Aspen Publishing
ISBN 13 : 1454898453
Total Pages : 1833 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis International Civil Litigation in United States Courts by : Gary B. Born

Download or read book International Civil Litigation in United States Courts written by Gary B. Born and published by Aspen Publishing. This book was released on 2018-04-14 with total page 1833 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Civil Litigation in United States Courts is the essential, comprehensive law school text for the current and future international litigator or international corporate lawyer. Covering all the topics discussed in competing texts and more, this casebook seamlessly combines international litigation, conflict of laws, and comparative civil procedure. This Sixth Edition includes excerpts and updated discussion of recent U.S. court decisions and legislation relating to a wide range of private and public international law topics, including foreign sovereign immunity, choice of law, antisuit injunctions, legislative jurisdiction, service of process on non-U.S. citizens, international discovery, foreign judgment enforcement, and international arbitration. Key Features: Updates on recent US Supreme Court and other significant U.S. court decisions, including Daimler AG v. Bauman, BNSF Ry. Co. v. Tyrrell, Bristol-Myers Squibb Co. v. Superior Court of Cal., Water Splash, Inc. v. Menon, and more. Updated discussion of international law and national law from Europe, the Middle East, and Asia. Revised Notes on recent developments and current topics such as terrorism, proof of foreign law, and judicial jurisdiction.

Shareholders' Claims for Reflective Loss in International Investment Law

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Publisher : Cambridge University Press
ISBN 13 : 1108489435
Total Pages : 431 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Shareholders' Claims for Reflective Loss in International Investment Law by : Lukas Vanhonnaeker

Download or read book Shareholders' Claims for Reflective Loss in International Investment Law written by Lukas Vanhonnaeker and published by Cambridge University Press. This book was released on 2020-07-16 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies shareholders' claims for reflective loss and explains why they are justified in international investment law.

Sovereign Choices and Sovereign Constraints

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Publisher : OUP Oxford
ISBN 13 : 0191667951
Total Pages : 217 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Sovereign Choices and Sovereign Constraints by : Gus Van Harten

Download or read book Sovereign Choices and Sovereign Constraints written by Gus Van Harten and published by OUP Oxford. This book was released on 2013-10-03 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investment arbitrators rely on sovereignty for their legal status just as investor-state disputes usually stem from disagreements about the role of the state in society. As a result, investment arbitration is a vehicle for the exercise of sovereign authority and a site for contesting sovereign choices. This book investigates and evaluates the decision-making record and policy trajectory of international investment arbitration, from theoretical, doctrinal, and empirical perspectives. It analyses the extent to which the system used to resolve disputes impacts on the role of government, affecting diverse constituencies, as opposed to limiting itself to case-specific disputes between a single business enterprise and state entity. The book provides a comprehensive review of known awards in order to determine the types of government measures that have triggered disputes. It investigates how investment arbitrators have exercised their authority in recent case law. It provides a review of the approaches adopted in the reasoning of investment treaty tribunals on questions of judicial deference and respect for sovereign decision-makers. In doing so, it determines whether investment tribunals have taken a predominantly assertive approach to investor protection, without regard to their relative lack of accountability, capacity, or proximity in some cases. This approach does not sit comfortably with the relative restraint seen by domestic and international courts in similar contexts. The book argues that the unique characteristics of investment treaty arbitration make the experience of domestic judicial review more pertinent to international investment arbitration than to any other contexts for international adjudication. However, it argues that mediating devices in some form should be incorporated into the process in order to solve the tension between the extensive scope and potency of international investment arbitration as an important site of global governance, and the challenges of the review function in reviewing decisions which have strong claims to having comprehensive regulatory expertise, inclusive decision-making, electoral or other public accountability, or greater proximity to the underlying facts and context. Online Appendices

OECD Guidelines for Multinational Enterprises on Responsible Business Conduct

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Publisher : OECD Publishing
ISBN 13 : 9264813632
Total Pages : 79 pages
Book Rating : 4.2/5 (648 download)

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Book Synopsis OECD Guidelines for Multinational Enterprises on Responsible Business Conduct by : OECD

Download or read book OECD Guidelines for Multinational Enterprises on Responsible Business Conduct written by OECD and published by OECD Publishing. This book was released on 2023-06-08 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt: The OECD Guidelines for Multinational Enterprises on Responsible Business Conduct are recommendations addressed by governments to multinational enterprises.

AAA Handbook on International Arbitration and ADR - Second Edition

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Publisher : Juris Publishing, Inc.
ISBN 13 : 1933833483
Total Pages : 492 pages
Book Rating : 4.9/5 (338 download)

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Book Synopsis AAA Handbook on International Arbitration and ADR - Second Edition by : American Arbitration Association

Download or read book AAA Handbook on International Arbitration and ADR - Second Edition written by American Arbitration Association and published by Juris Publishing, Inc.. This book was released on 2010-10-01 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.

The Changing Character of International Dispute Settlement

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Publisher : Cambridge University Press
ISBN 13 : 1316513904
Total Pages : 591 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis The Changing Character of International Dispute Settlement by : Russell Buchan

Download or read book The Changing Character of International Dispute Settlement written by Russell Buchan and published by Cambridge University Press. This book was released on 2023-12-31 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers insightful reflections on contemporary challenges to the authority, effectiveness, legitimacy, and coordination of the international dispute settlement system.